Debt due to illegal online gambling, can i file banruptcy w/o ending up in jail?

[tmmore]

What is the name of your state? OHIO

Hi!

I have used American express credit card account to play poker online and accumulated $4000-$8000 in debt. Now the total debts (including non-gambling) are much higher which i cannot pay off (approc $30000).

It is illegal to play online poker (with money bets) in the state of ohio.

If i file for bankruptcy and thats my only option now, will i face criminal charges? or can i sue (or countersue amex, if they initiate a law suit against me) for allowing me to gamble online, since they violated the the gambling law too.

It goes through a company called paypro (they have presence in US, california) which charges for telecom services but they actually transfer credit card funds to partypoker. Do i have a chance to sue them to get back the money that i gambled ?

What are my options?

Can someone help by thoroughly analyzing my case?

Thanks

 

[Shay-Pari'e]

You have to be kidding.

 

[ceara19]

You have to be kidding.

How about we allow alcoholics out of paying their credit card bills if they run up a huge debt buying alcohol? Or sex addicts that charge porn and escort services? Or fat people that charged food? The possibilties are endless.

 

[tmmore]

I'd appreciate if someone gave me a legal advice and possibilities instead of slander or harsh remarks.

Do you think I dont know what i did was wrong. My justification is that I gambled to pay the debts I owed prior to gambling (In fact, thats a fact!)
People gamble for making profit, not for losing and In fact, gambling debts are absolvable under bankruptcy laws (for you senior members).

Its funny that student loans are not absolvable but gambling debts are! (how funny is that?)

Now I gambled in the state of ohio, which makes it a crime, otherwise I will not be seeking advice here!

I also had periods of depression for the past one year (the times I gambled too) and I have documentation to prove so.

In any case, if you can help with some advice to get me out of this mess, please lemme know, I will appreciate it; else for people whose lives have been perfect (out of pure luck!) you can rejoice my story and boast to your friends as to how prudent and smart you were in not getting into this type of situation!

Thanks

 

[SkankCheese]

If i file for bankruptcy and thats my only option now, will i face criminal charges? or can i sue (or countersue amex, if they initiate a law suit against me) for allowing me to gamble online, since they violated the the gambling law too.

Have some self control. They didn't "allow" you to gamble, you obviously have a problem. I'm sure someone around will be able to help you with the logistics.

Bouncing a check is illegal too, but you can have those debts discharged, so I don't know.

 

[tmmore]

For ceara and other ignorant people who just keep posting and who have no life!

Some of you people have no idea what Im talkin about. All credit card companies have been sued before and the gambler's cases were successful Heres one story when visa lost $70000.


The only difference is gambling was legal in places when these people gambled and sued but in OH its not. I just wanted some legal opinion thats all.

Thanks Skancheese for your genuine reply unlike others.


"
Settling an unusual lawsuit, Visa affliates have agreed to clear the credit rating of a woman who gambled away more than $70,000 on the Net and to warn consumers of the legal risks of using credit cards to roll the dice online.

As previously reported, Cynthia Haines used her credit cards to gamble over the Internet from her home in California and was sued by her credit issuer, Providian National Bank, because of unpaid bills. She then filed a countersuit against the bank as well as Visa and MasterCard, claiming the companies were at fault for letting her gamble with credit in the first place.

The suit also alleged that Internet gambling debts couldn't be collected in California because the wagers are illegal in the first place.

In July, MasterCard settled with Haines and adopted a policy that gambling sites would have to post a notice stating that Internet gambling could be illegal in a customer's jurisdiction.

Now Visa has come to a similar agreement with Haines, according to the court agreement.

Haines will not have to pay back her debts directly. The online gambling sites that took her bets will cover them with the Visa issuing banks. The Visa merchant sites will pay Providian National Bank nearly $5,000 and will pay First Union Direct Bank $5,400.

The Visa issuing banks have agreed to clear the interest on the bets and to state that Haines's account has been paid off.

Visa was not immediately available for comment.

"Visa has acknowledged that Visa is not everywhere you want to be when it comes to Internet gambling transactions--in some places, like California, such transactions are illegal," Haines attorney Ira Rothken said in a statement.

Congress is considering a bill that would outlaw most forms of Net gambling. The Internet Gambling Prohibition Act, authored by Sen. Jon Kyl (R-Arizona), would update the Federal Wire Act, which prohibits taking bets over phone lines.

"We believe that Visa has made significant progress since this case started in dealing with Internet gambling transactions, and ultimately they will be in the position technologically to prohibit all such transactions in the United States if and when the Kyl bill is passed by Congress," Rothken said.

The settlement requires Visa to send nationwide cardholders and its members the following notice:

"Internet Gambling Advisory: Internet gambling may be illegal in the jurisdiction in which you are located, including locations within the United States. Visa cards may only be used for legal transactions.

"Display of a payment card logo by an online merchant does not mean that Internet gambling transactions are lawful in all jurisdictions in which the cardholder may be located."
"

 

[Who's Liable?]

great... ANOTHER LOSER who knowingly gambled illegaly and does not want to be responsible for it...

Great lesson for your kids... You're a waste of oxygen...

Hope they nail you for this...

 

[ceara19]

If you are so sure that you have a case, go out hire an attorney and sue the cc company. End of discussion. That's something you will not be able to successfully do without an attorney, so asking for advice here is really a waste of time.

 

[ceara19]

Have some self control. They didn't "allow" you to gamble, you obviously have a problem. I'm sure someone around will be able to help you with the logistics.

Bouncing a check is illegal too, but you can have those debts discharged, so I don't know.

And even if the DEBT from the check is dismissed, the criminal charges still exsist.

Since the bankruptcy reform, credit card debts are much harder to have dismissed.